Wrongful Death Articles

July 23rd, 2019 by Rieders Travis in Wrongful Death

WRONGFUL DEATH AND SURVIVAL-FOREFEITURE-ABANDONMENT  Johnson v. Neshaminy Shore Picnic Park, 2019 Pa. Super. LEXIS 822.    OPINION BY KUNSELMAN, J.: In this tragic wrongful death and survival action, decedent’s father, Carl Griggs, appeals from the trial court’s decision that he forfeited his share of the proceeds from the action filed by the decedent’s mother, Janelle Johnson, under Pennsylvania probate law.  See 20Pa.C.S.A.§2106(b).  We affirm. In sum, we cannot ignore the ramifications of the amendments to the failure-to-support clause.  We must conclude that the willfulness element of a prima facie forfeiture claim has been eliminated.  We conclude further that the duty to support encompasses physical, emotional, and financial support.  Therefore, the elements of a prima facie forfeiture claim under the current failure-to-support clause are as follows: 1. the decedent must be a minor or dependent child; 2. the parent must owe a duty of support to the decedent; and 3. the parent must have failed to perform the duty of support for the decedent for at least a year prior to the decedent’s death. See 20 Pa.C.S.A.§2106(b) Regarding the third element, the reason why a parent may have failed to support…

DAMAGES-WRONGFUL DEATH AND SURVIVAL-LOSS FOR CHILD’S SOCIETY, COMFORT OR COMPANIONSHIP

June 17th, 2016 by Rieders Travis in Wrongful Death

Page v. Moses Taylor Hospital, Civil No. 11 CV 1402 (C.P. Lackawanna May 24, 2016) Nealon, J.  In paragraph 77 of the original Complaint, plaintiff sought to recover damages for her loss of the twins' society, comfort and companionship.  AND NOW, this 24th day of May, 2016, upon consideration of "Defendant, Michael J. Kush, M.D.'s Motion in Limine to Preclude any Grief/Solatium/Bereavement Damages Under the Wrongful Death Act" and the "Motion in Limine of Defendants, Physicians Health Alliance, Inc., Francis E. Hamm, M.D. and Kristine M. McNulty, M.D., to Preclude any Evidence Regarding Grief/Solatium/Bereavement Damages Under the Wrongful Death Act," and based upon the reasoning set forth above, it is hereby ORDERED and DECREED that "Defendant, Michael J. Kush, M.D.'s Motion in Limine to Preclude any Grief/Solatium/Bereavement Damages Under the Wrongful Death Act" and the "Motion in Limine of Defendants, Physicians Health Alliance, KInc., Francis E. Hamm, M.D. and Kristine M. McNulty, M.D., to Preclude any Evidence Regarding Grief/Solatium/Bereavement Damages Under the Wrongful Death Act" are both DENIED.

What does failure to exercise reasonable care mean?

April 21st, 2015 by Rieders Travis in Wrongful Death

Those in Pennsylvania who have been injured or lost a loved on in an accident are likely to have numerous questions. These questions tend to touch on topics such as determining if negligence contributed to the wreck and what -- if any -- compensation is available. When thinking about negligence, one particular phrase is often heard but not always clear as to its meaning. That phrase is: failure to exercise reasonable care. What exactly does that mean and how can this be shown in order for accident victims to achieve compensation? A standard of care is expected in a number of situations, from medical providers to patients, employers to employees and even drivers' responsibilities to others with whom they share the road -- among many others. When it comes to drivers, those who take on the task of getting behind the wheel are expected to obey traffic laws and pay attention to their surroundings. This would be considered exercising reasonable care. Nevertheless, accidents will and do happen. When they do, particularly those that result in injury and/or death, this standard of care is put under the microscope. Was the driver…